LAWS(KER)-2022-2-198

MEERA R. NAIR Vs. STATE OF KERALA

Decided On February 18, 2022
Meera R. Nair Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The Kochi -Salem Pipeline Private Limited (hereinafter referred to as KSPPL for ease) is a joint Venture of Bharat Petroleum Corporation Limited (BPCL) and Indian Oil Corporation Limited (IOCL), with 50% equity participation each. They are presently engaged in a project of connecting the Dispatch Terminals at Kochi Refinery and Puthu Vypeen, with the Receipt Terminals at Udayamperoor, Palakkal, Coimbatore, Erode and Salem of the Liquified Petroleum Plants of BPCL/IOCL.

(2.) The petitioners in these two cases are stated to be residing in a "residential Colony" (hereinafter referred to as the "Colony" for ease) and they assail the laying of the Liquified Petroleum Gas Pipeline (Pipeline) by the KSPPL through areas adjacent to theirs residences, and the establishment of the Sectionalizing Valve Station (SV Station) in a plot within the "Colony" as part of the afore Project.

(3.) The petitioners assert that various plots in the "Colony" have either been constructed upon with residential houses or are intended for such; and therefore, that the action of the KSPPL in identifying the lands within it for the purpose of the establishment of the Gas Pipeline and "SV Station" is egregiously improper and will cause cataclysmic consequences if any accident is to happen in future. They thus contend that laying of the Pipeline, as also the establishment of the "SV Station" through the properties within the "Colony", is an affront to their constitutional rights and in violation of their guarantees to healthy and safe life.